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Statutes of Newfoundland 1993

CHAPTER 18

CHAPTER 18

AN ACT TO AMEND THE GOVERNMENT MONEY PURCHASE PENSION PLAN ACT, THE PUBLIC SERVICE PENSIONS ACT, 1991, THE TEACHERS' PENSIONS ACT, THE UNIFORMED SERVICES PENSIONS ACT, 1991 AND THE MEMORIAL
UNIVERSITY PENSIONS ACT

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

GOVERNMENT MONEY PURCHASE PENSION PLAN ACT

RSN1990 cG-6

1.(1) Section 4 of the Government Money Purchase Pension Plan Act is amended by adding immediately after subsection (3) the following:

(4) The government of the province may reduce its contribution under subsection (2), either for all its employees or for a group of its employees, by an amount that the Lieutenant-Governor in Council prescribes, but the amount of the reduction shall not exceed 4.5% of the earnings of the government's employees to whom the reduction applies.

(5) A participating employer that is not the government of the province shall, where directed to do so by order of the Lieutenant-Governor in Council, reduce the participating employer's contribution under subsection (2)

(a) either for all its employees or for a group of its employees; and

(b) by an amount, which shall not exceed 4.5% of the earnings of the employer's employees to whom the order applies,

as directed by the order.

PUBLIC SERVICE PENSIONS ACT, 1991

1991 c.12

2.(1) Section 6 of the Public Service Pensions Act, 1991 is amended by adding immediately after subsection (4) the following:

(5) Notwithstanding subsection (2) or (3), the government of the province may reduce the contribution under subsection (2) or (3), either for all its employees or for a group of its employees, by an amount that the Lieutenant-Governor in Council may prescribe, but the amount of the reduction shall not exceed 4.5% of the salaries of the government's employees affected by the reduction.

(6) An employer that is not the government of the province shall, where directed to do so by order of the Lieutenant-Governor in Council, reduce the participating employer's contribution under subsection (2)

(a) either for all its employees or for a group of its employees; and

(b) by an amount, which shall not exceed 4.5% of the salaries of the employer's employees to whom the order applies,

as directed by the order.

(7) Where the contribution of the government of the province or another employer to whom this Act applies is reduced under subsection (5) or (6), an employee may elect to contribute an amount, in addition to the amount which he or she is required to contribute under section 5, to be calculated in accordance with the terms and conditions which the Lieutenant-Governor in Council may prescribe by regulation, which would place the employee in the position he or she would have been in respecting an award of pension if the government of the province, or another employer to whom this Act applies, had not reduced its contribution under subsection (5) or (6).

(2) Section 18 of the Act is amended by adding immediately after subsection (6) the following:

(7) Notwithstanding subsection (1), where the contribution to the pension plan of the government of the province or another employer to whom this Act applies is reduced under subsection 6(5) or (6) and an employee affected by the reduction does not make a compensating contribution under subsection 6(7), the formula set out in subsection (1) respecting the calculation of an award of pension shall be adjusted to reduce the employee's award of pension proportionately.

(3) Paragraph 33(1)(g) of the Act is amended by adding immediately before the figure "8" the figure and comma "6,".

TEACHERS' PENSIONS ACT

1991 c.17

3.Section 8 of the Teachers' Pensions Act is amended by adding immediately after subsection (2) the following:

(3) Notwithstanding subsection (1), the government of the province may reduce the contribution under subsection (1), either for all teachers or for a group of teachers, by an amount that the Lieutenant-Governor in Council may prescribe, but the amount of the reduction shall not exceed 4.5% of the salaries of teachers to whom the reduction applies.

(4) Where the contribution of the government of the province is reduced under subsection (3), a teacher may elect to contribute an amount, in addition to the amount which he or she is required to contribute under section 6, to be calculated in accordance with the terms and conditions which the Lieutenant-Governor in Council may prescribe by regulation, which would place the teacher in the position he or she would have been in respecting an award of pension if the government of the province had not reduced its contribution under subsection (3).

(2) Section 22 of the Act is amended by adding immediately after subsection (6) the following:

(7) Notwithstanding subsection (1), where the contribution to the pension plan of the government of the province is reduced under subsection 8(3) and a teacher affected by the reduction does not make a compensating contribution under subsection 8(4) the formula set out in subsection (1) respecting the calculation of an award of pension shall be adjusted to reduce the teacher's award of pension proportionately.

(3) Paragraph 37(1)(g) of the Act is amended by adding immediately before the figure "10" the figure and comma "8,".

UNIFORMED SERVICES PENSIONS ACT, 1991

1991 c.19

4.(1) Section 7 of the Uniformed Services Pensions Act, 1991 is amended by adding immediately after subsection (2) the following:

(3) Notwithstanding paragraph (1)(a), the government may reduce the contribution under subsection (1), either for all employees or for a group of employees, by an amount that the Lieutenant-Governor in Council may prescribe, but the amount of the reduction shall not exceed 4.5% of the salaries of employees of the government of the province to whom the reduction applies.

(4) Where the contribution of the government is reduced under subsection (3), an employee may elect to contribute an amount, in addition to the amount which he or she is required to contribute under section 6, to be calculated in accordance with the terms and conditions which the Lieutenant-Governor in Council may prescribe by regulation, which would place the employee in the position he or she would have been in respecting an award of pension if the government of the province had not reduced its contribution under subsection (3).

(2) Section 19 of the Act is amended by adding immediately after subsection (7) the following:

(8) Notwithstanding subsections (1) and (3), where the contribution to the pension plan of the government is reduced under subsection 7(3) and an employee affected by the reduction does not make a compensating contribution under subsection 7(4), the formula set out in subsections (1) and (3) respecting the calculation of an award of pension shall be adjusted to reduce the employee's award of pension proportionately.

(3) Section 32 of the Act is amended by renumbering it as subsection (1) and adding immediately after subsection (1) the following:

(2) Notwithstanding subsection (1), where the contribution to the pension plan of the government is reduced under subsection 7(3) and an employee affected by the reduction does not make a compensating contribution under subsection 7(4), the formula set out in subsections 19(1) and (3) respecting the calculation of an award of pension shall be adjusted to reduce the employee's award of pension proportionately.

(4) Paragraph 33(1)(f) of the Act is amended by adding immediately before the figure "10" the figure and comma "7,".

MEMORIAL UNIVERSITY PENSIONS ACT

RSN1990 cM-8

5.(1) The Memorial University Pensions Act is amended by adding immediately after section 5 the following:

Pension entitlement

5.1 (1) Notwithstanding the other provisions of this Act respecting the calculation of an award of pension, where the board reduces its contribution to the fund and an employee affected by the reduction does not make a compensating contribution under subsection (2), the formulas contained in this Act respecting the calculation of an award of pension shall be adjusted to reduce the employee's award of pension proportionately in the ratio by which the reduction of up to 4.5% of the salaries of the employees to whom the reduction applies is to their total contribution before the reduction.

(2) Where the board reduces its contribution, an employee may elect to contribute an amount, in addition to the amount that he or she is required to contribute under section 5, to be calculated in accordance with the terms and conditions which the Lieutenant-Governor in Council may prescribe by regulation under section 31, that would place the employee in the position he or she would have been in respecting an award of pension if the board had not reduced its contribution but the amount of an employee's contribution under this subsection shall not result in a purchase of service in excess of the reduction of service under subsection (1) which the employee would have been subject to if he or she had not made a contribution under this subsection.

(3) Section 31 of the Act is amended by renumbering it as subsection (1) and by adding immediately after subsection (1) the following:

(2) Regulations made under subsection (1) may be made with retroactive effect.

GENERAL

Collective agreements overridden

6. (1) Where this Act conflicts with a collective agreement or another contractual arrangement, this Act shall apply.

(2) The operation of this Act does not give rise to a cause of action and a court shall not make a determination or award for an injury suffered as a result of the operation of this Act.

When Act applies

7.This Act shall be considered to have come into force on April 1, 1993 and applies to the period April 1, 1993 to March 31, 1994 only.